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d',�t' atir <br /> v(_ �1 <br /> Tafutt of dmttshpPE <br /> P. O. eox 1109 <br /> ABLE MASHPEE. MA 02649 <br /> BOARD OF APPEALS <br /> DETERMINATION <br /> ION APPLICATION FOR A VARIANCE <br /> RE: Petition of Robert Brandwein for a Variance V-88-06-13 <br /> 233 Hooppole Road Map 49, Lot 204 <br /> t <br /> The Board of Appeals has received your application for a Variance <br /> under 7.7 of the By-laws. <br /> We have reviewed the application and determined that a Variance <br /> is not required for the following reasons: <br /> 1. The subject lot is a non-conforming lot given existing zoning <br /> requirements; <br /> I <br /> 2. Under local zoning and under State law, non-conforming lots <br /> are granted certain protection from changes in Zoning By-Laws; <br /> 3. The subject lot existed prior to the creation of the wetland <br /> setback requirement established in Section 7.7 in 1985. <br /> It is the opinion of the Board of Appeals that this lot is <br /> protected from the provision of Section 7.7 of the Zoning By-law by <br /> virtue of Chapter 40A, Section 6, Paragraph 4 of the Massachusetts <br /> General Laws. This statutory protection is not applicable to any <br /> change in the uses allowed on the property and is applicable only <br /> to changes in area, frontage, width, yard or depth requirements. <br /> The provisions of Section 7.7 of the Zoning By-law, dealing with <br /> setbacks, are applicable to this statutory protection. <br /> 4 In summary, the Board of Appeals has determined that a Variance is <br /> h not required. <br /> B MASHPEE BOARD OF APPEALS <br /> rFEB <br /> We OF AMOM. , , illiam H <br /> anrah Chairman� i989 74 <br /> Michael Makunas <br /> Richard Halpern <br />